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Ownership rights. The content and software offered by or through Econplusminus.com are owned by us, our suppliers and others who post or make available such materials. The content and software are protected by copyright and other intellectual property laws and treaties. We and our suppliers reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of Econplusminus.com. You may not modify, adapt, or create derivative works from Econplusminus.com. Do not remove proprietary notices. Do not help any one else to do any of the things prohibited in this paragraph.
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Your rights to use econplusminus.com. We offer you the following rights to use Econplusminus.com provided that you continue to comply with the terms of this agreement. We offer you Econplusminus.com on a personal, experimental, limited and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else. If the service includes any download of software, you may download and install one copy of such software only on those computers that you directly own or lease. You may access the service only through the software, interfaces and protocols provided or authorized by us.
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About our software. We may automatically update software on your computer to improve the performance and capabilities of such software. Any updates we provide will be in our discretion; we are under no obligation to provide you with any error corrections, updates or bug fixes. Any software provided as part of Econplusminus.com is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
Portions of Econplusminus.com may have been created using source code available through various open source projects. In such cases, the licenses and availability of source code for such components are specified in a copyright notice document delivered with or linked from such software.
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Export Laws. The laws of the United States and other countries apply to Econplusminus.com, which prohibit the export or re-export of content, products, services and technology to certain countries and persons. You agree to comply with these laws and regulations at your own expense. You assume sole responsibility for any unauthorized exportation.
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Sharing content. We will not claim ownership in any content or materials that you post or submit through Econplusminus.com. However, by posting or submitting content or materials on public areas of the service, such as public message boards, etc., you are giving us permission to use your submission in connection with the operation of Econplusminus.com, including the right to copy, transmit, publicly display and reformat your submissions on Econometricplusminus.com. We welcome feedback, suggestions and comments from our users (“Suggestions”). However, if you provide any Suggestions to us, you agree that we may use your Suggestions in any manner as we determine in our discretion without compensation or limitations of any kind.
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Advertisements. Econplusminus.com is supported by advertising revenue. Some of the advertisements may be targeted, but please be assured that we will not permit our advertisers and ad networks to collect or store information from Econplusminus.com that can be identified with you personally. As consideration for your use of Econplusminus.com, you consent to our placements of such advertising.
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No Spam. You may not use Econplusminus.com to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your access to Econplusminus.com immediately and take any other legal action if you, or anyone using your access to Econplusminus.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.
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We are not obligated for content provided by others. We are not liable for content or materials that are provided by others, including our advertisers. We are not responsible for content on the Internet. We have no duty to pre-screen content. We reserve the right to remove content from Econplusminus.com for any reason, but we are not responsible for any failure or delay in removing such material.
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Dow Jones Indexes and Content. In connection with our provision of Econplusminus.com and/or the related services provided on Econplusminus.com, we may make certain indexes and other content (“Index Values”) from Dow Jones & Company, Inc. (“Dow Jones”). You have a limited, revocable, non-exclusive license solely for your internal use. You may not store, reproduce, further transmit or distribute the Index Values to any third party for commercial purposes in any type or format or by any means, including but not limited to the Internet, Intranet or other type of network.
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Dow Jones Limitations of Liability and Warranty Disclaimer. ECONPLUSMINUS.COM, DOW JONES, ITS LICENSORS (INCLUDING, WITHOUT LIMITATION, WILSHIRE ASSOCIATES INC. AND AIG FINANCIAL PRODUCTS CORP.), THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SOURCES (THE “DOW JONES PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (a) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE INDEX VALUES OR (b) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE INDEX VALUES. THE DOW JONES PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN CONNECTION WITH THE INDEX VALUES.
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THE DOW JONES PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO THE DATA DISTRIBUTOR OR ANY OTHER THIRD PARTY, WITH RESPECT TO THE INDEX VALUES, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INDEX VALUES OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE USE OF THE INDEX VALUES.
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Copyright Infringement. If you believe that your work has been copied and is accessible on the service in a way that constitutes copyright infringement, please contact us by sending an email to halliwell1@verizon.net to report possible copyright infringement. In your email, you must provide us with the following information:
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a description of the copyrighted work or other intellectual property that you claim has been infringed;
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the basis of the ownership interest of the intellectual property that you allege is being infringed;
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where the material that you claim is infringing is located on the site so that we can locate it;
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your full name, address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
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and a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized person to act on the copyright or intellectual property owner’s behalf.
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Void where prohibited by law. You may not use Econplusminus.com where prohibited by law. We make no representation that Econplusminus.com is appropriate or available for use in locations outside the United States, and accessing Econplusminus.com from territories where the service is illegal is prohibited.
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Cancellation. Either we or you may cancel the service at any time, with or without cause. Go to http://www.paypal.com to obtain information on canceling your service.
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DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT ECONPLUSMINUS.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH ECONPLUSMINUS.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT ECONPLUSMINUS.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ECONPLUSMINUS.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
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LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF ECONPLUSMINUS.COM. WE AND OUR CONTRIBUTORS AND OTHER SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON ECONPLUSMINUS.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS IN INVESTMENTS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND CONTRIBUTORS AND OTHER SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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Indemnification. You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses—including attorney’s fees—that arise from your use or misuse of Econplusminus.com.
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Disputes must be resolved in Maryland under Maryland law. You agree that the laws of Maryland govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Montgomery County, Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. |
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PLEASE NOTE THAT BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN MARYLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MONTGOMERY COUNTY, MARYLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. |
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GENERAL TERMS.
These terms make up the entire agreement between you and us regarding your use of Econplusminus.com. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in force and effect. |
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